Last modified January 12, 2021
3. Other Agreements. Our customers and other end users (e.g. individuals that are part of our enterprise customer’s work force) will be subject to additional agreements such as our Master Service Agreement , End User Agreement , any applicable Order Forms, and various other documentation.
4. Ownership. All content included on the Website is and shall continue to be the property of TCG or its content suppliers and is protected under applicable copyright, patent, trademark, and other proprietary rights. You acknowledge and agree that the services provided by the Website (“Services”) and any necessary software used in connection with such services (“Software”) contain proprietary and confidential information that is the property of TCG and its licensors and is protected by applicable intellectual property and other laws. Any copying, redistributing, use, or publication by you or any such content or any part of the Website is prohibited, except as expressly permitted in the Agreement. Under no circumstances will you acquire any ownership rights or other interest in any content by or through your use of the Website. Additionally, unless you or an enterprise on your behalf enter into a Master Service Agreement with TCG, no rights or title to any of the Software is provided, transferred, or assigned to you, and in the event such Master Service Agreement is entered into, only the limited rights contained therein and in any application End User Agreement are provided to you, subject to the limitations provided in the Master Service Agreement and applicable End User Agreement. For purposes of clarification, any attempts by you to modify, rent, lease, loan, sell, distribute, reverse engineer, or create derivative works based on the Services or the Software, in whole or in part, or any attempt to break into the Website, are expressly prohibited unless authorized by TCG in writing.
5. Intended Audience. The Website is intended for adult use only. The Website is not intended for anyone under the age of eighteen (18) years in all states except the following: a) nineteen (19) years in the states of Alabama and Nebraska; and b) twenty-one (21) years in the state of Mississippi. Additionally, the Website is not intended for anyone located outside the United States of America.
6. Links. The Website may contain links that will allow access to other web pages not controlled by TCG. These links are provided for convenience only and are not endorsed by TCG. TCG assumes no responsibility or liability for any material that may be contained on such web pages followed by link, nor does TCG make any representation regarding their quality or the quality of any products or services contained within.
7. Trademarks and Intellectual Property Rights. You acknowledge that TCG has the exclusive rights in the Timespan, Time Clock Go, and Timclockgo.com trademarks and service marks, including all goodwill associated therewith. Trademark, service marks, logos, designs, graphics, icons, scripts, trade names, service names, trade dress, and copyrighted work appearing on the Website are the property of TCG or the party that provided such intellectual property to TCG. TCG and any party that provides intellectual property to TCG retain all rights with respect to any of their respective intellectual property appearing on the Website and no rights in such materials are transferred or assigned to you. If you would like to contact TCG regarding using or licensing our trademarks or service marks, you may contact us at[email protected].
8. Site Use. The Website is for personal use for internal business purposes unless otherwise agreed to in writing by TCG. You may not use any service provided by the Website for any other purpose, including any commercial purpose, without the prior express written permission of an authorized representative of TCG (e.g. by entering into a Master Service Agreement, related Order Form, and applicable End User Agreement). You may not modify, copy, distribute, display, send, perform, reproduce, publish, license, create derivative works from, transfer, sell or otherwise infringe on, impair, or take any action that would jeopardize any intellectual property rights related to any information, content, software, products, or services obtained from or otherwise connected to the Website.
9. Tampering. You may not modify, move, add to, delete, or otherwise tamper with the information contained on the Website. You agree not to decompile, reverse engineer, disassemble, or unlawfully use or reproduce any software, copyrighted or trademarked material, trade secrets, confidential information, or other proprietary information contained on the Website.
10. Compliance with Laws. You agree to comply with all applicable laws regarding your use of the Website. You further agree that information provided by you is truthful and accurate to the best of your knowledge.
11. Indemnification. You agree to indemnify, defend, and hold TCG its subsidiaries, affiliates, licensors, resellers, content providers, service providers, partners, employees, agents, officers, directors, and contractors (the “Indemnified Parties”) harmless from any liability, loss, claim, and expense, including settlement costs and reasonable attorneys’ fees, related to or arising from your breach of the Agreement, violation of applicable law, and any content that you upload to the Website. You agree Indemnified Parties will have no liability in connection with any breach or unauthorized use by you. You will also indemnify and hold Indemnified Parties harmless from and against any claims brought by third parties arising out of your use, reproduction, or distribution of any content, information, or service accessed from the Website.
12. Disclaimer. THE INFORMATION AND SERVICES PROVIDED BY THE WEBSITE ARE PROVIDED ON AN “AS IS,” “AS AVAILABLE” BASIS. YOU AGREE THAT USE OF THE WEBSITE IS AT YOUR SOLE RISK. TCG DISCLAIMS ALL WARRANTIES OF ANY KIND, INCLUDING BUT NOT LIMITED TO, ANY EXPRESS WARRANTIES, STATUTORY WARRANTIES, AND ANY IMPLIED WARRANTIES, INCLUDING THOSE OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. TCG DOES NOT WARRANT THAT ANY FUNCTION OR CONTENT CONTAINED ON THE WEBSITE OR ANY SERVICE WILL BE UNINTERRUPTED, SECURE, ERROR FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR THE SERVERS THAT MAKE IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. FURTHER, TCG DOES NOT WARRANT OR MAKE ANY REPRESENTATION REGARDING USE, OR THE RESULT OF USE OF ANY SERVICE OR CONTENT IN TERMS OF ACCURACY, RELIABILITY, COMPLETENESS, OR OTHERWISE. YOU ACKNOWLEDGE THAT THE CONTENT OF THE WEBSITE MAY INCLUDE TECHINCAL INACCURACIES OR TYPOGRAPHICAL ERRORS, AND TCG MAY MAKE CHANGES OR IMPROVEMENTS TO THE WEBSITE AT ANY TIME. YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION IN THE EVENT OF ANY LOSS OR DAMAGE ARISING FROM THE USE OF THE WEBSITE, ANY SERVICE, OR ITS CONTENT. YOUR SOLE AND EXCLUSIVE REMEDY FOR LOSS OR DAMAGES ARISING FROM OR RELATING TO YOUR USE OF THE WEBSITE SHALL BE TO DISCONTINUE USING THE WEBSITE. TO THE EXTENT YOUR JURISDICTION DOES NOT ALLOW LIMITATIONS ON WARRANTIES, THIS LIMITATION MAY NOT APPLY TO YOU.
13. Limitation of Liability. UNDER NO CIRCUMSTANCES WILL TCG, OR ITS SUBSIDIARIES, AFFILIATES, LICENSORS, SERVICE PROVIDERS, CONTENT PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, AND DIRECTORS, BE LIABLE OR RESPONSIBLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, ACTUAL, CONSEQUENTIAL (INCLUDING DAMAGES FROM LOSS OF BUSINESS, BUSINES INTERRUPTION, WORK STOPPAGE, LOSS OF GOODWILL, LOST PROFITS, LOST DATA, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LITIGATION OR THE LIKE), SPECIAL, EXEMPLARY, PUNITIVE, OR OTHER DAMAGES, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN ANY WAY RELATING TO THE WEBSITE, YOUR WEBSITE USE, OR THE CONTENT, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, SUCH DAMAGES WERE REASONABLY FORESEEABLE, OR TCG WAS NEGLIGENT. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE WEBSITE AND/OR CONTENT IS TO CEASE ALL OF YOUR WEBSITE USE.
You may have additional rights under certain laws (including consumer laws) which do not allow the exclusion of implied warranties, or the exclusion or limitation of certain damages. If these laws apply to you, the exclusions or limitations in the Agreement that directly conflict with such laws may not apply to you.
15. Copyrights and Copyright Agent.
Infringement Complaints . TCG respects the intellectual property of others and requests that others do the same. If you believe your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have otherwise been violated, please provide a notice containing all of the following information to our Copyright Agent:
(a) An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
(b) A description of the copyrighted work that you claim has been infringed;
(c) A description of where the material that you claim is infringing is located on the Website;
(d) Your address, telephone number, and e-mail address;
(e) A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
(f) A statement by you, made under penalty of perjury, that the above information in your notice is accurate, and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
Our Copyright Agent for Notice of claims of copyright infringement on the Website is Kevin Carroll, who can be reached as follows:
By Mail: Timespan, Inc.
Attn: DMCA Compliance
Two North Central Ave 18th and 19th Floor
Phoenix, AZ 85004
By Phone: 877-751-8463
By E-mail: [email protected]
Counter-Notice . If you believe that your content that has been removed (or access to such content was disabled) was not infringing, or that you have authorization from the copyright owner, the copyright owner’s agent, or pursuant to law, to upload and use the content on the Website, you may send a written counter-notice containing the following information to our Copyright Agent:
(a) Your physical or electronic signature;
(b) Identification of the content that has been removed or to which access has been disabled, and the location at which the content appeared before it was removed or disabled;
(c) A statement that you have a good faith belief that the content was removed or disabled as a result of mistake or misidentification of content; and
(d) Your name, address, telephone number, and email address, and a statement that you consent to the jurisdiction of the federal court located within Maricopa County, Arizona, and an additional statement that you will accept service form the person who provided notification of the alleged infringement.
If a counter-notice is received by the Copyright Agent, TCG will send a copy of the counter-notice to the original complaining party informing that person that we may replace the removed content or cease disabling it within ten (10) business days. Unless the copyright owner files an action seeking a court order against the content provider, customer, or user, the removed content may be replaced or access to it restored ten (10) days or more after receipt of the counter-notice, at TCG’s sole discretion.
Repeat Infringer Policy . In accordance with the Digital Millennium Copyright Act of 1998 and other applicable law, TCG has adopted a policy of terminating, in appropriate circumstances and at TCG’s sole discretion, users who are deemed to be repeat infringers. TCG may also at its sole discretion limit access to the Website and the Services and/or terminate any Services agreement with any user who infringes any intellectual property rights of others, whether or not there is any repeat infringement.
16. Applicable Law. You agree that the laws of the state of Arizona, without regard to conflicts of laws provisions, will govern the Agreement and any dispute that may arise between you and TCG or any of its affiliates. You agree to personal and exclusive jurisdiction by and venue in the state and federal courts of Maricopa County, Arizona, in the United States of America. The prevailing party in any legal or equitable action arising from or relating to the Agreement, the Website, and the Services shall be entitled to recover its reasonable attorneys’ fees, experts’ fees, and court costs (including, but not limited to attorneys’ fees and costs incurred in collecting on any judgment), which may be set by the court in the same action (including any appellate action which may be brought in connection with such action), or in any separate action brought for that purpose.
YOU AGREE THAT REGARDLESS OF ANY STATUTE OR LAW TO THE CONTRARY, ANY CLAIM OR CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE WEBSITE, ANY SERVICE PROVIDED BY THE WEBSITE, OR THE AGREEMENT, MUST BE FILED WITHIN ONE (1) YEAR AFTER SUCH CLAIM OR CAUSE OF ACTION AROSE OR BE FOREVER BARRED.
17. Severability. If any provision of the Agreement shall be adjudged by any court of competent jurisdiction to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that the Agreement will otherwise remain in full force and effect.
18. Headings. Section headings provided in the Agreement are for convenience only and shall not affect the construction of any provision of the Agreement.
19. Waiver. The failure of TCG to exercise or enforce any right or provision of the Agreement shall not operate as a waiver of such right or provision. Any waiver of the Agreement by TCG must be in writing and signed by an authorized representative of TCG.
21. Termination. TCG may at any time, with or without notice, terminate the Agreement and/or suspend your access to the Website effective immediately. Additionally, TCG reserves the right at any time and from time to time, to modify or discontinue, temporarily or permanently, the Website or any Service provided by the Website (or any part thereof) with or without notice. You agree that TCG will not be liable to you or any third party for any modification, suspension, or discontinuance of the Website or any Service.
22. Relationship of the Parties. Nothing contained in the Agreement or your use of the Website shall be construed to constitute either party as a partner, joint venturer, employee, or agent of the other party, nor shall either party hold itself out as such. Neither party has any right or authority to incur, assume or create, in writing or otherwise, any warranty, liability, or other obligation of any kind, express or implied, in the name of or on behalf of the other party, it being intended by both parties that each shall remain independent contractors responsible for its own actions.
23. Entire Agreement. The Agreement constitutes the entire agreement between you and TCG and governs the terms and conditions of your use of the Website, and supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and TCG with respect to the Website. TCG may revise the Agreement at any time by updating the Agreement and posting it on the Website. Accordingly, you should visit the Website and review the Agreement periodically to determine if any changes have been made. Your continued use of the Website after any changes have been made to the Agreement signifies and confirms your acceptance of any such changes or amendments to the Agreement
25. Contact Information. If you have any questions regarding the Agreement, please contact us:
Two N Central, 18th and 19th Floor, Phoenix, AZ 85004